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HomeMy WebLinkAboutWQ0040038_Application_20180620 State of North Carolina DWR Department of Environmental Quality Division of Water Resources 15A NCAC 02T .0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION Division of Water Resources INSTRUCTIONS FOR FORM: FTA 04-16 & SUPPORTING DOCUMENTATION This application is for sewer extensions involving gravity sewers, pump stations and force mains, or any combination that has been certified by a professional engineer and the applicant that the project meets the requirements of 15A NCAC 02T and the Division's Minimum Design Criteria and that plans, specifications and supporting documents have been prepared in accordance with, 15A NCAC 02T, 15A NCAC 02T .0300, Division policies and good engineering practices. While no upfront engineering design documents are required for submittal, in accordance with 15A NCAC 02T .0305(b), design documents must be prepared prior to submittal of a fast track permit application to the Division. This would include plans, design calculations, and project specifications referenced in 15A NCAC 02T .0305 and the applicable minimum design criteria. These documents shall be available upon request by the Division. Projects that are deemed permitted (do not require a permit from the Division) are explained in 15A NCAC 02T.0303. Projects not eligible for review via the fast track process (must be submitted for full technical review): ➢ Projects that require an environmental assessment in accordance with 15A NCAC I .0100; ➢ Projects that do not meet any part of the minimum design criteria (MDC) document; ➢ Projects that involve a variance from the requirements of 15A NCAC 2T; ➢ Pressure sewer systems utilizing septic tank -effluent pumps (STEPS) or simplex grinder pumps; ➢ STEP or simplex grinder pumps connecting to pressurized systems (e.g. force mains); ➢ Vacuum sewer systems. General — When submitting an application, please use the following instructions as a checklist in order to ensure all required items are submitted. Adherence to these instructions and checking the provided boxes will help produce a quicker review time and reduce the amount of requested additional information. Failure to submit all required items will necessitate additional processing and review time, and may result in return of the application. Unless otherwise noted, the Applicant shall submit one original and one copy of the application and supporting documentation. A. One Original and One Copy of Application and Supporting Documents ® Required unless otherwise noted B. Cover Letter (Required for All Application Packages): ® List all items included in the application package, as well as a brief description of the requested permitting action. ➢ Be specific as to the system type, number of homes served, flow allocation required, etc. ➢ If necessary for clarity, include attachments to the application form. C. Application Fee (All New and Major Modification Application Packages): ® Submit a check or money order in the amount of $480.00 dated within 90 days of application submittal. ➢ Payable to North Carolina Department of Environmental Quality (NCDEQ) D. Fast Track (Form: FTA 04-16) Application (Required for All Application Packages): ® Submit the completed and appropriately executed application. ➢ If necessary for clarity or due to space restrictions, attachments to the application may be made. ❑ If the Applicant Type in Item I.2 is a corporation or company, provide documentation it is registered for business with the North Carolina Secretary of State. ❑ If the Applicant Type in Item L2 is a partnership or d/b/a, enclose a copy of the certificate filed with the Register of Deeds in the county of business. ❑ The Project Name in Item I1.1 shall be consistent with the project name on the flow acceptance letters, agreements, etc. ® The Professional Engineer's Certification on Page 5 of the application shall be signed, sealed and dated by a North Carolina licensed Professional Engineer. ® The Applicant's Certification on Page 5 of the application shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .0106(c), an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T .0106(b). INSTRUCTIONS FOR FORM: FTA 04-16 & SUPPORTING DOCUMENTATION Page 1 of 3 E. Flow Tracking/Acceptance Form (Form: FTSE 04-16) (If Applicable): ® Submit the completed and executed FTSE form from the owners of the downstream sewers and treatment facility. ➢ Multiple forms maybe required where the downstream sewer owner and wastewater treatment facility are different. ➢ The flow acceptance indicated in form FTSE must not expire prior to permit issuance and must be dated less than one year prior to the application date. ➢ Submittal of this application and form FTSE indicates that owner has adequate capacity and will not violate G.S. 143- 215.67 a . ➢ Intergovernmental agreements or other contracts will not be accepted in lieu of a project -specific FTSE. F. Site Maps (All Application Packages): ® Submit an 8.5-inch x 11-inch color copy of a USGS Topographic Map of sufficient scale to identify the entire project area and closest surface waters. ➢ Location of the project (gravity sewer, pump stations & force main) ➢ Downstream connection points and permit number (if known) for the receiving sewer ® Include a street level map (aerial) showing general project area so that Division staff can easily locate it in the field. G. Existing Permit (All Modification Packages): ❑ Submit the most recently issued existing permit. ❑ Provide a list of any items within the permit the Applicant would like the Division to address during the permit modification (i.e., permit description, flow allocation, treatment facility, etc.). H. Power Reliability Plan (Required if portable reliability option utilized for Pump Station): ❑ Per 15A NCAC 02T .0305(h)(1), submit documentation of power reliability for pumping stations. ➢ This alternative is only available for average daily flows less than 15,000 gallons per day ➢ It shall be demonstrated to the Division that the portable source is owned or contracted by the applicant and is compatible with the station. The Division will accept a letter signed by the applicant (see 15A NCAC 02T .0106(b)) or proposed contractor, stating that "the portable power generation unit or portable, independently -powered pumping units, associated appurtenances and personnel are available for distribution and operation of this pump station." ➢ If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided in the case of a multiple station power outage. (Required at time of certification) I. Certificate of Public Convenience and Necessity (All Application Packages for Privately -Owned Public Utilities): ❑ Per 15A NCAC 02T .0115(a)(1) provide the Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise for the area to be served by the sewer extension, or ❑ Provide a letter from the North Carolina Utilities Commission's Water and Sewer Division Public Staff stating an application for a franchise has been received and that the service area is contiguous to an existing franchised area or that franchise approval is expected. J. Operational Agreements (Applications from HOA/POA and Developers for lots to be sold): ® Home/Property Owners' Associations ® Per 15A NCAC 02T .0115(c), submit the properly executed Operational Agreement (FORM: HOA). ❑ Per 15A NCAC 02T .0115(c), submit a copy of the Articles of Incorporation, Declarations and By-laws. ❑ Developers of lots to be sold ❑ Per 15A NCAC 02T .0115(b), submit the properly executed Operational Agreement (FORM: DEV). For more information, visit the Division's collection systems website INSTRUCTIONS FOR FORM: FTA 04-16 & SUPPORTING DOCUMENTATION Page 2 of 3 THE COMPLETED APPLICATION PACKAGE INCLDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE APPROPRIATE REGIONAL OFFICE: REGIONAL OFFICE ADDRESS COUNTIES SERVED Asheville Regional Office 2090 US Highway 70 Avery, Buncombe, Burke, Caldwell, Cherokee, Water Quality Section Swannanoa, North Carolina 28778 Clay, Graham, Haywood, Henderson, Jackson, (828) 296-4500 Macon, Madison, McDowell, Mitchell, Polk, (828) 299-7043 Fax Rutherford, Swain, Transylvania, Yancey Fayetteville Regional Office 225 Green Street Suite 714 Anson, Bladen, Cumberland, Harnett, Hoke, Water Quality Section Fayetteville, North Carolina 28301-5094 Montgomery, Moore, Robeson, Richmond, (910) 433-3300 Sampson, Scotland (910) 486-0707 Fax Mooresville Regional Office 610 E. Center Avenue Alexander, Cabarrus, Catawba, Cleveland, Water Quality Section Mooresville, North Carolina 28115 Gaston, Iredell, Lincoln, Mecklenburg, Rowan, (704) 663-1699 Stanly, Union (704) 663-6040 Fax Raleigh Regional Office 1628 Mail Service Center Chatham, Durham, Edgecombe, Franklin, Water Quality Section Raleigh, North Carolina 27699-1628 Granville, Halifax, Johnston, Lee, Nash, (919) 791-4200 Northampton, Orange, Person, Vance, Wake, (919) 788-7159 Fax Warren, Wilson Washington Regional Office 943 Washington Square Mall Beaufort, Bertie, Camden, Chowan, Craven, Water Quality Section Washington, North Carolina 27889 Currituck, Dare, Gates, Greene, Hertford, Hyde, (252) 946-6481 Jones, Lenoir, Martin, Pamlico, Pasquotank, (252) 975-3716 Fax Perquimans, Pitt, Tyrrell, Washington, Wayne Wilmington Regional Office 127 Cardinal Drive Extension Brunswick, Carteret, Columbus, Duplin, New Water Quality Section Wilmington, North Carolina 28405 Hanover, Onslow, Pender (910) 796-7215 (910) 350-2004 Fax Winston-Salem Regional Office 450 W. Hanes Mill Road Alamance, Alleghany, Ashe, Caswell, Davidson, Water Quality Section Suite 300 Davie, Forsyth, Guilford, Rockingham, Randolph, Winston-Salem, North Carolina 27105 Stokes, Surry, Watauga, Wilkes, Yadkin (336) 776-9800 INSTRUCTIONS FOR FORM: FTA 04-16 & SUPPORTING DOCUMENTATION Page 3 of 3 State of North Carolina Department of Environmental Quality DWRr Division of Water Resources 15A NCAC 02T .0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION Division of Water Resources FTA 04-16 & SUPPORTING DOCUMENTATION Application Number: (to be completed by DWR) All items must be completed or the application will be returned I. APPLICANT INFORMATION: 1. Applicant's name: Steele Creek River ap to Apartments, LLC (Darren Lucas) (company, municipality, HOA, utility, etc.) 2. Applicant type: ❑ Individual ® Corporation ❑ General Partnership ❑ Privately -Owned Public Utility ❑ Federal ❑ State/County ❑ Municipal ❑ Other 3. Signature authority's name: Darren Lucas per 15A NCAC 02T .0106(b) Title: Member/Manager 4. Applicant's mailing address: 3010 High Pine Church Rd. City: Asheboro State: NC Zip: 27205- 5. Applicant's contact information: Phone number: (336) 669-7683 Email Address: Darren Lucas@yahoo.com II. PROJECT INFORMATION: 1. Project name: Steele Creek Multi Famil 2. Application/Project status: ® Proposed (New Permit) ❑ Existing Permit/Project If a modification, provide the existing permit number: WQ00 and issued date: If new construction but part of a master plan, provide the existing permit number: WQ00 3. County where project is located: Mecklenburg 4. Approximate Coordinates (Decimal Degrees): Latitude: 35.098°Longitude: -80.991' 5. Parcel ID (if applicable): 219-06-117 (or Parcel ID to closest downstream sewer) III. CONSULTANT INFORMATION: 1. Professional Engineer: Jeremy I� License Number: 026491 Firm: LandDesign Inc. Mailing address: 223 N. Graham Street City: Charlotte State: NC Zip: 28202- Phone number: (704) 333-0325 Email Address: jicardWanddesign.com IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION: 1. Facility Name: McAlpine Creek, Irwin Creek, Sugar Creek Permit Number: NC0024970, NC0024945, NCO024937 Owner Name: Charlotte Water V. RECEIVING DOWNSTREAM SEWER INFORMATION (if different than WWTF): 1. Permit Number(s): WQ Downstream (Receiving) Sewer Size: inch System Wide Collection System Permit Number(s) (if applicable): WQCS Owner Name(s): FORM: FTA 04-16 Page 1 of 5 VI. GENERAL REQUIREMENTS 1. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached? ❑ Yes ❑No ®N/A 2. If the Applicant is a Developer of lots to be sold, has a Developer's Operational Agreement (FORM: DEV) been attached? ❑ Yes ❑No ®N/A 3. If the Applicant is a Home/Property Owners' Association, has an Operational Agreement (FORM: HOA) been attached? ® Yes ❑No ❑N/A 4. Origin of wastewater: (check all that apply): ❑ Residential Owned ❑ Retail (stores, centers, malls) ❑ Car Wash ® Residential Leased ❑ Retail with food preparation/service ❑ Hotel and/or Motels ❑ School / preschool / day care ❑ Medical / dental / veterinary facilities ❑ Swimming Pool /Clubhouse ❑ Food and drink facilities ❑ Church ❑ Swimming Pool/Filter Backwash ❑ Businesses / offices / factories ❑ Nursing Home ❑ Other (Explain in Attachment) 5. Nature of wastewater: 100 % Domestic/Commercial % Commercial _ % Industrial (See 15A NCAC 02T .0103(20)) 4 Is there a Pretreatment Program in effect? ❑ Yes ❑ No 6. Hasa flow reduction been approved under 15A NCAC 02T .0114(fl? ❑ Yes ®No ➢ If Yes, provide a copy of flow reduction approval letter 7. Summarize wastewater generated by project: Establishment Type (see 02T.0114(f)) Daily Design Flow a,b No. of Units Flow Appartment 135 gal/Day 408 55,080 GPD Pool 10 gal/Day 165 1650 GPD Leasing Office 25 gal/Day 5 125 GPD gal/ GPD gal/ GPD gal/ GPD Total 56,855 GPD a See 15A NCAC 02T .0114(b), (d), (e)(1) and (e)(2) for caveats to wastewater design flow rates (i.e., minimum flow per dwelling; proposed unknown non-residential development uses; public access facilities located near high public use areas; and residential property located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined in G.S. 42A-4). b Per 15A NCAC 02T .0114(c), design flow rates for establishments not identified [in table 15A NCAC 02T.01141 shall be determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data. 8. Wastewater generated by project: 56,855 GPD (per 15A NCAC 02T .0114) );, Do not include future flows or previously permitted allocations If permitted flow is zero, indicate why: ❑ Pump Station or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line ❑ Flow has already been allocated in Permit Number: ❑ Rehabilitation or replacement of existing sewer with no new flow expected ❑ Other (Explain): FORM: FTA 04-16 Page 2 of 5 VII. GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T .0305 & MDC (Gravity Sewers): 1. Summarize gravity sewer to be permitted: Size (inches) Length (feet) Material 6" 1,265 PVC ➢ Section II & III of the MDC for Permitting of Gravity Sewers contains information related to design criteria ➢ Section III contains information related to minimum slopes for gravity sewer(s) ➢ Oversizing lines to meet minimum slope requirement is not allowed and a violation of the MDC VIIL PUMP STATION DESIGN CRITERIA (If Applicable) — 02T .0305 & MDC (Pump Stations/Force Mains): COMPLETE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT 1. Pump station number or name: 2. Approximate Coordinates (Decimal Degrees): Latitude: Longitude: - ° 3. Design flow of the pump station: millions gallons per day (firm capacity) 4. Operational point(s) of the pump(s): gallons per minute at feet total dynamic head (TDH) 5. Summarize the force main to be permitted (for this Pump Station): Size (inches) Length (feet) Material 6. Power reliability in accordance with 15A NCAC 02T .0305(h)(1): ❑ Standby power source or pump with automatic activation and telemetry - 15A NCAC 02T .0305(h)(1)(B): ➢ Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day ➢ Must be permanent to facility Or if the pump station has an average daily flow less than 15,000 gallons per day: ❑ Portable power source with manual activation, quick -connection receptacle and telemetry - 15A NCAC 02T .0305(h)(1)(C) or ❑ Portable pumping unit with plugged emergency pump connection and telemetry - 15A NCAC 02T .0305(h)(1)(C): ➢ It shall be demonstrated to the Division that the portable source is owned or contracted by the applicant (draft agreement) and is compatible with the station. ➢ If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided in the case of a multiple station power outage. FORM: FTA 04-16 Page 3 of 5 IX. SETBACKS & SEPARATIONS — (02B .0200 & 15A NCAC 02T.0305(f)): 1. Does the project comply with all separations found in 15A NCAC 02T.0305(f) & (g) ® Yes ❑ No ➢ 15A NCAC 02T.0305(f) contains minimum separations that shall be provided for sewer systems: Setback Parameter* Separation Required Storm sewers and other utilities not listed below (vertical) 24 inches Water mains (vertical -water over sewer including in benched trenches) 18 inches Water mains (horizontal) 10 feet Reclaimed water lines (vertical - reclaimed over sewer) 18 inches Reclaimed water lines horizontal - reclaimed over sewer 2 feet **Any private or public water supply source, including any wells, WS-I waters of Class I or Class 11 impounded reservoirs used as a source of drinking water 100 feet **Waters classified WS (except WS-I or WS-V), B, SA, ORW, HQW, or SB from normal high water (or tide elevation) and wetlands (see item IX.2) 50 feet **Any other stream, lake, impoundment, or ground water lowering and surface drainage ditches 10 feet Any building foundation 5 feet Any basement 10 feet Top slope of embankment or cuts of 2 feet or more vertical height 10 feet Drainage systems and interceptor drains 5 feet Any swimming pools 10 feet Final earth grade (vertical) 36 inches ➢ 15A NCAC 02T.0305(o contains alternatives where separations in 02T.0305(f) cannot be achieved. ➢ **Stream classifications can be identified using the Division's NC Surface Water Classifications webpaee ➢ If noncompliance with 02T.0305(fl or (gh see Section X of this application 2. Does the project comply with separation requirements for wetlands? (50 feet of separation) ®Yes ❑ No ❑ N/A ➢ See the Division's draft separation requirements for situations where separation cannot be meet ➢ No variance is required if the alternative design criteria specified is utilized in design and construction ➢ As built documents should reference the location of areas effected 3. Does the project comply with setbacks found in the river basin rules per 15A NCAC 02B .0200? ® Yes ❑ No ❑ N/A ➢ This would include Trout Buffered Streams per 15A NCAC 213.0202 4. Does the project require coverage/authorization under a 404 Nationwide or ® Yes [-]No individual permits or 401 Water Quality Certifications? ➢ Information can be obtained from the 401 & Buffer Permitting Branch 5. Does project comply with 15A NCAC 02T.0105(c)(6) (additional permits/certifications)? ® Yes [-]No Per 15A NCAC 02T.0105(c)(6), directly related environmental permits or certification applications are being prepared, have been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion and sedimentation control plans, stormwater management plans, etc.). 6. Does this project include any sewer collection lines that are deemed "high -priority?" Per 15A NCAC 02T.0402, "high -priority sewer" means "any aerial sewer, sewer contacting surface waters, siphon, or sewer positioned parallel to streambanks that is subject to erosion that undermines or deteriorates the sewer. ❑ Yes ® No ❑ N/A ➢ If yes, include an attachment with details for each line, including type (aerial line, size, material, and location). High priority lines shall be inspected by the permittee or its representative at least once every six -months and inspections documented per 15A NCAC 02T.0403(a)(5) or the permitee's individual System -Wide Collection permit. FORM: FTA 04-16 Page 4 of 5 X. CERTIFICATIONS: 1. Does the submitted system comply with 15A NCAC 02T, the Minimum Des ig Cri rig for the Permitting of Pumt� Stations and Force Mains (latest version), and the Gravity Sewer Minimum Desigm Criteri4Jlatest version) as applicable? ® Yes ❑ No If No, complete and submit the Variance/Alternative Design Request application (VADC 10-14) and supporting documents for review. Approval of the request is required prior to submittal of the Fast Track Application and supporting documents. 2. Professional Engineer's Certification: I,y e S. T•C"- . PE pat Engineer's name from Application Item III.1.) attest that this application for has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans, specifications, engineering calculations, and all other supporting documentation to the best of my knowledge. I further attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer Minimum Design Criteria for Gravity Sewers (latest version), and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains (latest version). Although other professionals may have developed certain portions of this submittal package, inclusion of these materials under my signature and seal signifies that I have reviewed this material and have judged it to be consistent with the proposed design. NOTE In accordance with General Statutes 143-215.6A and 143-215.611, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation. North Carolina Professional Engineer's seal, signature, and date: 3. Applicant's Certification per 15A NCAC 02T .0106(b): — M (Signature Authority's name & title from Item I.3.) `�'•�H CAR ,fESSj�.,��y .;a, X SEAL 9 LfO26491, tt` 1N� •��" S. [�,jl�r'�ly.Y � 1 1 1 1 , ` ri fir. attest that this application for has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting documentation and attachments are not included, this application package is subject to being returned as incomplete. I understand that any discharge of wastewater from this non - discharge system to surface waters or the land will result in an immediate enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. NOTE - In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. FORM: FTA 04-16 Page 5 of 5 12813 Walker Branch Dr. RpVel -,� w F4c►CwCr �Cr,�,y,� f#ti Q� N '0000/ ✓ `yam � � Date Printed: 5/5/2017 2:46:45 PM OF I lei wool, Or I Air N- 0. 0 0375t.075 0.15 Miles # W E .I" rJl I Is I, 14n, This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained herein. e- Walkers BTall di Gr eenw ay 11 1 r \ ol;� May 25, 2018 ENGINEER'S REPORT Steele Creek Multi -Family LDI Project No. 1016351 SEWER SYSTEM APPLICANT: Steele Creek Rivergate Apartments, LLC 3010 High Pine Church Rd. Asheboro, NC 27205 DEVELOPER: Steele Creek Rivergate Apartments, LLC 3010 High Pine Church Rd. Asheboro, NC 27205 DESCRIPTION: The site consists of approximately 41 acres. The property is zoned UR-2 (CD) and will consist of 408 apartment units and approximately 1,265 LF of 6" PVC sewer main on -site that will make up the private system. Flows from the project will be sent to the McAlpine Creek, Irwin Creek, and Sugar Creek Wastewater Treatment Plants (NPDES permit numbers NC0024970, NC0024945, NC0024937). SEWER SYSTEM IMPROVEMENTS: The proposed demand for this site will be approximately 56,855 gallons per day. The demand is based on 408 apartment units at 135 gallons per day/unit, a pool with 165 users at 10 gallons per day/user and a Leasing office with 5 employees at 25 gallons per day/employee. New mains are expected to have a minimum 50-year service life. The system will be constructed by the Developer per Charlotte Water Standards and Specifications and services will be billed by the City of Charlotte in accordance with their standard rate schedule. NA 2016\1016351\DOCS\PERMITTING\PERMIT FORMS\PRVT SS NCDEQ\1 016351 -ENGINEERS REPORT SEWER.DOC LANDDESIGN, INC. STATE OF NORTH CAROLINA COUNTY OF Permit No. HOME/PROPERTY OWNERS' OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this day of by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and , a non-profit corporation organized and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the ASSOCIATION. WITNESSETH: 1. The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and business of the development known as (hereinafter the Development); of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System); and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction and repair. 2. The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage disposal to serve the Development on said lands. 3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and/or operate the Disposal System. 4. The Development was created subject to unit ownership in the dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter47C or 47F of the North Carolina General Statutes. 5. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and ASSOCIATION do hereby mutually agree as follows: 1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element which will receive the highest priority for expenditures bythe Association except for Federal, State, and local taxes and insurance. FORM: HOA 11-17 Page 1 of 2 3. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain, or construct the Disposal System beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance fund allocated for the facility and shall be part of the yearlybudgct. 4. In the event the common expense allocation and separate fund(s) are not adequate for the construction, repair, and maintenance ol'the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall be provided such that special assessments can be made as necessary at anytime. 5. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the ASSOCIATION shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit mayrequire as condition of accepting the Development's wastewater. 6. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the ASSOCIATION to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the ASSOCIATION shall provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION bythe issuance of a permit. 7. The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the ASSOCIATION'S successor. 8 The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and operation of the Disposal System. 9. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL MANAGEMENT COMMISSION Linda Culpepper Interim Director, Division of Water Resources Daren Lucas, Member/Manager Print Name and Title (Date) (Date) Steele Creek River ate Apartments, LLC Name of ASSOCIATION (Signature) FORM: HOA l 1-17 Page 2 of 2 CHARLOTTE Wt)TER June 5, 2017 Mr. Jeremy Icard LandDesign, Inc. 223 N Graham St Charlotte, NC 28202 SUBJECT: WATER AND SEWER FLOW ACCEPTANCE STEELE CREEK MULTI -FAMILY 12813 WALKER BRANCH DRIVE, CHARLOTTE NC CLTWATER TRACKING# 2017778 After an analysis of the sanitary sewer associated with the proposed design of project, Steele Creek Multi -Family, it was determined that there is sufficient capacity to accommodate the proposed sewer flow of 56,855 gallons per day (408 apartment units x 135 gpd/unit; 165 person pool x 10 gpd/person; 5 employee office x 25 gpd/employee) at the connection point(s) indicated on the submitted utility plan for transmission to the McAlpine Creek Wastewater Treatment Plant; NPDES permit number NC0024970, for treatment. This acceptance of flow is based upon the existing capacity of the designated publicly owned treatments works. Please see attached NC DEQ FTSE form. Charlotte Water (CLTWater) agrees to furnish water to the subject project. The water quality to the subject project is regulated by the State Drinking Water Act Amendments of 1986 and The Water Supply Management Plan, PWS ID # 0160010 on file with the Public Water Supply Section of NCDEQ. However, CLTWater cannot guarantee a constant pressure or quality of flow. The applicant should understand that due to the involvement of other agencies and continuing growth of the water system, the ability to provide service for future projects cannot be guaranteed nor reserved. Connection to the CLTWater system is accepted on a first come, first served basis. The applicant should understand that this letter is not authorization to construct or extend private water or sewer systems, as the appropriate local or State permits are required prior to construction. If the appropriate authorization to construct permits are not obtained construction has not started within one (22) year of issuance of this flow acceptance, and payment for any service connections have not been received within (2) year of issuance of this flow acceptance letter, this flow acceptance approval shall be rescinded and a new flow acceptance request must be made. If you have any questions, please do not hesitate to contact me at (704) 336-1006. Sincerely, Gzu� F"N'm Gwendolyn Banner Engineering Assistant Charlotte Water 5100 Brookshire Blvd, Charlotte, NC 28216 charlottewater.org RIA Operated by the City of Charlotte State of North Carolina Department of Environmental Quality ` Division of Water Resources Division of %kfater Resources Flow Tracking/Acceptance for Sewer Extension Applications (FTSE 04-16) Entity Requesting Allocation: LandDesign, Inc. Project Name for which flow is being requested: Steele Creek Multi -Family More than one FTSE may be required for a single project if the owner of the WWTP is not responsible for all pump stations along the route of the proposed wastewater flow. I. Complete this section only if you are the owner of the wastewater treatment plant. a. WWTP Facility Name: McAlpine Creek, Irwin Creek, Sugar Creek b. WWTP Facility Permit #: NC0024970, NC0024945, NCO024937 All flows are in MGD c. WWTP facility's permitted flow 99.0 d. Estimated obligated flow not yet tributary to the WWTP 11.936 e. WWTP facility's actual avg. flow 62.896 f. Total flow for this specific request 0.057 g. Total actual and obligated flows to the facility 74.889 h. Percent of permitted flow used 75.7 II. Complete this section for each pump station you are responsible for along the route of this proposed wastewater flow. List pump stations located between the project connection point and the WWTP: (A) Design Pump Average Daily Station Firm Flow* (Name or Capacity, * (Firm / pfl, Number) MGD MGD Steele Creek 7.90 3.16 (B) (C) (D)=(B+C) (E)=(A-D) Obligated, Approx. Not Yet Total Current Current Avg. Tributary Flow Plus Daily Flow, Daily Flow, Obligated Available MGD MGD Flow Capacity*** 3.98 0.96 4.95 -1.79 * The Firm Capacity of any pump station is defined as the maximum pumped flow that can be achieved with the largest pump taken out of service. ** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor (pt) not less than 2.5. *** A Planning Assessment Addendum shall be attached for each pump station located between the project connection point and the WWTP where the Available Capacity is < 0. Downstream Facility Name (Sewer): walker Branch Outfall, Tributary 1 (1992) Downstream Permit Number: wQ 0 0 0 5 9 9 3 Page 1 of 6 FTSE 04-16 III. Certification Statement: I Carl Wilson certify to the best of my knowledge that the addition of the volume of wastewater to be permitted in this project has been evaluated along the route to the receiving wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity related sanitary sewer overflows or overburden any downstream pump station en route to the receiving treatment plant under normal circumstances, given the implementation of the planned improvements identified in the planning assessment where applicable. This analysis has been performed in accordance with local established policies and procedures using the best available data. This certification applies to those items listed above in Sections I and II plus all attached planning assessment addendums for which I am the responsible party. Signature of this form indicates acceptance of this wastewater flow. Signing Page 2 of 6 FTSE 04-16 PLANNING ASSESSMENT ADDENDUM (PAA) Submit a planning assessment addendum for each pump station listed in Section II where Available Capacity is < 0. Pump Station (Name or Number): Given that: a. The proportion and amount of Obligated, Not Yet Tributary Daily Flow (C) accounts for 19 . 6 0 % and 0.969 MGD of the Available Capacity (E) in Pump Station C. Steele Creek : and that The rate of activation of this obligated, not yet tributary capacity is currently approximately 0 . 969 MGD per year; and that A funded Capital Project that will provide the required planned capacity, namely Steele Creek LS Replacement and FM Relocation is in design or under construction with planned completion in March 2018 ; and/or d. The following applies: The Steele Creek Pump Station replacement project will provide a new regional facility capable of handling build -out flows in the basin. Construction is expected to be complete by March 2018. Therefore: Given reasonably expected conditions and planning information, there is sufficient justification to allow this flow to be permitted, without a significant likelihood of over -allocating capacity in the system infrastructure. I understand that this does not relieve the collection system owner from complying with G.S. 143-215.67(a) which prohibits the introduction of any waste in excess of the capacity of the waste disposal system. Signing Date Page 3 of 6 FTSE 04-16